Instructions to Tenderer- Example by monsterx5

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									                          IN S T RU C TI ON TO T E ND ER E R S


      1.1    These Instructions to Tenderer, in so far as they may affect the execution of
             the contract, shall be deemed to form part of the Contract.


      2.1    The Contractors, who wish to enter this Tender, are advised to visit the Site
             to ascertain for himself the extent of the work involved and the nature of the
             working conditions and make himself thoroughly acquainted with any site

      2.2    The Tenderer must carry out independent examination and enquiries as to
             the physical conditions prevailing on site, adjacent to the site, soil conditions
             on site obstructions to be encountered in the execution of the Works and the
             tender price submitted is deemed to have included for all these situations and

      2.3    The Contractor’s attention is drawn to the fact that no extra payment,
             extension of time, right to damages or any other concession consequent
             upon misinterpretation or lack of knowledge will be considered.


      All the Tender Documents may be obtained during normal office hour from the issuing
      office as stipulated in the Tender Notice. The Tender Documents shall be issued only
      upon payment of a documentation fees as stated in the Tender Notice. This payment
      shall be in the form of a Bank Draft/Money Order/Postal Order made payable to
      Ketua Akauntan, Kementerian Pelajaran Malaysia. Personal or Company cheques
      shall not be accepted. The documentation fees are not refundable.

      One (1) Volume of Tender Documents will be issued to each Tenderer which
      comprises of the followings:-

      Volume 1 of 1          -   Tender Notice
                             -   Instructions to Tenderer
                             -   Borang Tender (JKR. 203B-Pind. 4/2005)
                             -   Surat Setujuterima Tender (J.K.R 203D-Pind. 6/2005)
                             -   Form and Conditions of Contract
                             -   Addendum
                             -   Special Provision to Conditions of Contract
                             -   Specification for Architectural, Structural and Civil Works
                                 and Mechanical Services
                             -   Preambles to All Trades
                             -     Final Summary of Tender
                             -     Preliminaries
                             -     Bills of Quantities
                             -   List of Drawings
                             -   Appendices

                         IN S T RU C TI ON TO T E ND ER E R S


      The Tenderer shall price the Tender Document based on Maximum Completion
      Period of Twenty Four (24) months and the Tenderer shall propose their completion
      period as requested in the Form of Tender.


      4.01   The Tenderers are strongly advised to examine the Tender Documents
             carefully and any discrepancies is found as between the Tender Drawings,
             Bills of Quantities and Conditions of Contract (which shall be Standard Form
             PWD 203A (Rev.2007) with the latest amendments, he shall as soon as
             possible and not later than seven (7) days before the final date for
             submission of Tenders stipulated in the Tender Notice, refer the same in
             writing to the Superintending Officer Ketua Setiausaha, Kementerian
             Pelajaran Malaysia. Who shall amend or clarify the matter by means of
             normal addendum to the Tender Documents.


      5.01   If any Tenderer is in doubt as to the true meaning of any part of the Tender
             Document he should at once notify the S.O. or his representative in writing
             and request clarification before submitting his Tender. Such clarification will
             be valid only if made by the S.O. or his representative by means of formal
             Addenda as described in Clause (6).


      6.01   Prior to the date for submission of Tenders, the S.O. or his representative
             may issue Addenda to clarify or modify the Tender Documents in part or in
             total. Every Addendum issued will be distributed to each Tenderer and shall
             become part of the Tender Documents. Receipt of each Addendum must be
             acknowledged on the form issued with the Addendum. Failure to
             acknowledge any Addendum will render the tender being rejected.


      7.01   Oral interpretation of any of the Tender Documents requested and received
             by any Tenderer shall not be considered to modify any of the provisions of
             the Tender Documents. Any clarification or modification to any of the Tender
             Document shall be made in writing by the S.O. or his representative
             (Employer’s Consultant) in the form of addenda as specified in Clause (6).


      8.1    Tenders shall remain valid for acceptance for Ninety (90) days from the date
             stipulated for submission for Tenders and no Tenderer will be allowed to
             withdraw his Tender within that period.

                            IN S T RU C TI ON TO T E ND ER E R S


       8.02    No Tender Deposit (earnest money) is required for this Tender, should the
               Tenderer withdraw his Tender within the Tender Validity Period or refuses to
               sign the Contract after it has been awarded to him then the following
               disciplinary action will apply:

               a)      For the first default his registration as a Contractor with PKK will be
                       suspended for two (2) years.

               b)      For the second default his registration will be suspended for five
                       years and,

               c)      For the third default his registration will be cancelled.


       9.01    The Bills of Quantities shall be priced in INK and the sums of the amounts of
               all items in the Bills of Quantities priced by the Tenderer shall truly represent
               the amount shown in the Form of Tender.

       9.02    The costs set down by the Tenderer against each item in the Bills of
               Quantities unless expressly provided to the contrary, shall be held to include
               for providing and delivering all materials, unloading, cutting and waste on
               materials, storage, packing, carriage and cartage, hoisting, all labour setting,
               fittings and fixing in position, use of plant, making supervision, establishment
               charges profit and all other labour and everything else necessary for the due
               and proper completion of each items.

       9.03    Where the Tenderer leaves any item blank in the Preliminaries or insert only
               a dash against any item in the Bills of Quantities, the value thereof shall be
               deemed to be included in the prices or rates of other items therein.

       9.04    The successful Tenderer, if any, shall whenever requested to do so by the
               Kementerian Pelajaran Malaysia or the Consultant Quantity Surveyor on
               his behalf, submit within seven (7) days a detailed breakdown of his unit
               prices for any item, group of items of work in the Bills of Quantities. The
               breakdown shall contain separately prices for labour, materials, plant and
               equipment etc.

       9.05    No authorised alteration, addition or note entered in this Bills of Quantities
               shall modify the printed text.


       10.01   The Advance Payment will be in accordance with the special provision of the
               contract as outlined in Lampiran ‘G’ of Section ‘L’.

                           IN S T RU C TI ON TO T E ND ER E R S


       11.01   The Tender Table Document may be inspected at the office of :

              SEKTOR TEKNIKAL,
              ARAS 6, BLOK E2, PARCEL E,
              62604 PUTRAJAYA.
       Jabatan Pendidikan Sabah
              during office hour before the closing date of Tender.

       11.02   In the event of any discrepancy being found between copies supplied to the
               Tenderer and those included in the Tender Table Documents, it shall be the
               sole responsibility of the Tenderer to apply to the Superintending Officer or
               his representative (Employer’s Consultant) to have such discrepancy rectified
               before the final date for submission of Tender as stipulated in the Tender


       12.01   All workmanships, materials and components throughout the works shall
               comply with the Malaysia Standard or Code of Practice or other standards on
               code as are stipulated in the specification.


       As stipulated in the Conditions of Contract, the Tenderer may choose to deposit the
       Performance Bond in either of the following forms :-

       (i)     Bank Guarantee
       (ii)    Performance Guarantee Sum where a deduction of ten percent (10%) on
               each interim payment shall be made until a cumulative value of five percent
               (5%) of the Original Contract Sum.

               The Tenderer is required to indicate in the Form of Tender whether the
               Performance Bond shall be in the Form of Bank Guarantee or Performance
               Guarantee Sum.

14.0   CIDB LEVY

       The Contractor shall pay levy to Lembaga Pembangunan Industri Pembinaan
       Malaysia which amounts to 0.125% of the Contract Sum for Complying to Section
       34(2) Akta 520 of the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994
       and Construction Industry (Levy Collection ) Regulations 1996.

       Actions shall be taken and the Contractor shall pay a fine of RM50,000.00 if the
       Contractor fails to comply with the Lembaga Pembangunan Industri Pembinaan
       Malaysia Act 1994.

                           IN S T RU C TI ON TO T E ND ER E R S


       15.01   The Tenderer shall be required to complete the followings, which constitute
               his Tender:

               a)      The Form of Tender, including all schedules and appendices

               b)      The Bill of Quantities with every items legibly priced in INK and with
                       the amounts added up to form the Tendered Sum.

       15.02   Where Documents to be signed by the Tenderer extend for more than one
               page, each page of the individual forms shall be initialed by the Tenderer.

       15.03   Failure by the Tenderer to submit any of the Documents as stipulated above
               shall render the Tender being rejected.

       15.04   The signatories to the Tender Document must be the Managing Director of
               the company or those authorised to sign on behalf of the Company. Powers
               of Attorney or certified copies thereof granting authority to sign shall be
               enclosed with each Tender.


       16.01   The Form of Tender and the Documents attached to them shall not be
               detached one from the other and no alteration or mutilation (other than filling
               in all the blank spaces) shall be made in any of the Documents attached

       16.02   The Tender Document shall be submitted in its original form.


       17.01   The Tender Documents shall be duly completed and together with all
               accompanying document and letters must be submitted and sealed in
               envelope bearing no identification of the Tenderers on the outside. The
               sealed envelope shall be marked on the top right hand corner with the
               caption :


               and delivery by hand or sent by prepaid registered post to the designated
               Tender Box addressed to : -

               Ketua Setiausaha,
               Kementerian Pelajaran Malaysia,
               Bahagian Pembangunan,
               Aras 1, Blok E2, Kompleks Kerajaan Parcel E,
               Pusat Pentadbiran Kerajaan Persekutuan,
               62604 Putrajaya

               not later than 12.00 noon on ____________
               (Date is determined when the date of handing over the Tender Document
               (TD) to Contractor is confirm.)

                           IN S T RU C TI ON TO T E ND ER E R S


       17.02   Tenders on the Form of Tender supplied and duly filled in and signed with the
               Bills of Quantities, details of the Tenderer’s organisation, current project,
               projects completed in the last five years, financial data of the company and
               proposed basic plant and equipment for the Works and the duly signed
               declaration form, Tenderer’s proposed programme of work and all relevant
               supporting documents must be delivered to the place on or before the time
               for submission of Tender stipulated in the Tender Notice.

       17.03   Failure by the Tenderer to submit any of the documents as stipulated above
               may render the Tender liable for rejection.

       17.04   In the case of a Tender not being delivered by hand, the Tenderer must
               arrange for his Tender and other documents to be posted in time to reach the
               stipulated place not later than the stipulated time. Any Tender delivered after
               the stipulated time, from whatever cause arising, will not be considered.


       18.01   Tenderers shall take note that the evaluation of Tender for this project will
               take account of and put importance on the capability of Tenderers to carry
               out the tendered project, as well as the reasonableness of the Tender figure.
               The evaluation will be based on the financial, experience record, technical
               staff, main construction plant and equipment and performance on current

       18.02   Tenderers are required to submit the following documents with the Tender for
               the evaluation of the Tender:-

               i.      Certified and Audited Authorised Company’s Account for the last two
                       (2) financial years.

               ii.     Certified true copies of monthly Bank Statement for cash in hand for
                       the last three (3) months before closing date of Tender.

               iii.    Sealed confidential report from Bank/Financial Institution regarding
                       applicant’s financial standing using format as in Form CA.

               iv.     Certified true copies of Completion Certificate of each work complete
                       and listed in Form D.

               v.      Certified true copies of EPF contribution Statement for the last month
                       and From A which contains names of each technical staff or copies
                       of Agreement of Professional employed on contract basis as listed in
                       Form E.

               vi.     Certified true copies of certificates/qualification of each technical staff
                       under category A and B as listed in Form E.

               vii.    Certified true copies of vehicle registration card or other documents
                       showing evidence of ownership or hire purchase agreement/lease on
                       the plants and equipment listed in Form F.

               viii.   Certified true copies of latest interim certificate for each current
                       contracts/project as listed in Form G.

                            IN S T RU C TI ON TO T E ND ER E R S


               ix.     Sealed Project Engineer’s report on applicant’s current performance
                       for each current contracts/projects not under Kementerian Pelajaran
                       Malaysia as listed in Form G, using format as in Form GA.

       18.03   The above documents are extremely important for the evaluation of the
               capability of the Tenderer. If the Tenderer fails to submit all the documents
               especially document No. (i), (ii), (iii) and (ix) above, the Tender shall be
               disqualified or shall not be considered at all. Documents No. (i), (ii), (iii) and
               (ix) must be submitted in a separate SEALED ENVELOPE and labelled as
               '‘DOKUMEN WAJIB” on the right hand side of the envelope.

       18.04   If the Tenderer fail to submit any or part of the documents (iii), (iv), (v), (vi),
               (vii) and (viii) and fail to submit sufficient documents to enable proper
               checking, shall render the Tender not be considered for the evaluation under
               the criteria of the Tenderer’s capacity. This means that in the evaluation, the
               criterias which are related to the availability/validity of those documents shall
               be given a negative value or considered nil.

       18.05   In addition to submission of the above documents, Tenderers are also
               required to fill in and complete the following documents enclosed in this
               Tender Document and returned together with their respective Tenders :-

               i.      Form A -          Letter of Confirmation of the Information and
                                         Validity of Documents submitted.
               ii.     Form B -          General Information and Background of Tender
               iii.    Form C -          Financial Data of Tenderer
               iv.     Form D -          Experience Record
               v.      Form E -          Technical Staff
               vi.     Form F -          Main Construction and Plants
               vii.    Form G -          List of Current Contract/Projects

               Answer must be given lucidly and accurately to all details in the above
               Forms. If necessary, additional sheets may be attached. Form A and any
               additional sheet shall be duly signed by the Tenderer.

       18.06   In the case of joint ventures between Contractors (as allowed by PKK)
               between two or more, each member of the joint venture shall complete and
               submit the Forms mentioned above separately.

       18.07   All information and documents shall be submitted by Tenderers together with
               their Tender Documents before date of closing of Tender. Any informations
               and documents, if received after the stipulated date shall not be considered in
               the evaluation of the capability of the Tenderer.

       18.8    Disciplinary action shall be recommended on any Tenderer if found to have
               submitted false or purposely withholding any information.


       Tenderer is required to submit with his Tender a work programme for implementing
       the project using the critical path method (CPM) indicating all the critical milestones
       for the successful implementation and completion of the project.

                            IN S T RU C TI ON TO T E ND ER E R S


       Within fourteen (14) days after receiving the Letter of Acceptance, the successful
       Tenderer must submit the detail programme using the CPM inclusive of copies of all
       data on computer medium and printed hard copies together with the software and

       The CPM should also be accompanied with the following:

       (1)     A chart showing the estimated monthly labour force and details of the staff
               the Tenderer proposes to employ of each section of works.

       (2)     A list of major items of plant which the Tenderer proposes to employ on the

       (3)     A list of those parts of the works which the Tenderer proposes to sublet
               together with the names and relevant experience of the appropriate Sub-

       (4)     A projected cash flow based on the Work Programme. The monthly output of
               each major construction activity should be clearly indicated in the cash flow.

       (5)     A covering letter stating any other matter in relation to his Tender which the
               Tenderer considers should be drawn to the particular notice of the S.O.


       20.01   Kementerian Pelajaran Malaysia is not responsible for or to pay any cost or
               expense or loss which may be incurred by the Tenderer in the preparation or
               submission of this Tender.

21.0   BRIBERY

       21.01   The offer of a bribe or other inducement to any person with the view of
               influencing the placing of the Contractor will result in the instant rejection of
               the Tender.


       22.01   Kementerian Pelajaran Malaysia, reserves the right to reject any or all
               Tenders. Without limiting the generality to the foregoing statement, any
               Tender which is incomplete, obscure or irregular shall be rejected.

       22.02   Kementerian Pelajaran Malaysia is not bound to accept the lowest or any
               Tender nor to assign any reason for the rejection of any Tender.

       22.03   The Contractor whose Tender is accepted will be required to enter into a
               Contract Agreement, the form of which is set out in the Tender Documents.

                           IN S T RU C TI ON TO T E ND ER E R S


       23.01   The successful Tenderer (if any) shall be notified of the acceptance of his
               Tender by Kementerian Pelajaran Malaysia by letter within the Tender
               Validity Period or any such extended period thereof. The said Tenderer shall
               as soon as practicable but in any case before the commencement of the
               works, deposit the Performance Bond for the due performance of the
               Contract and the Insurance Policies for Insurance of Works, his registration
               number of the Employee’s Social Security Scheme (SOCSO) and shall
               produce for inspection the receipts of premiums paid or contribution made as
               required by the Conditions of Contract and also shall within the reasonable
               time thereafter execute the formal Contract Agreement.

       23.02   The Tenderer shall note the following requirements with respect to his
               insurance policies :

               a)      Each sum to be insured as specified above shall be treated as any
                       one incident; the number of incidents for which cover is required, in
                       any one policy, shall be unlimited

               b)      The Employer, his representatives, the S.O. and his own Consultants
                       and representatives, are all to be considered as Third Party.


       24.01   The Period of executing the Formal Contract Agreement may be extended if
               the Superintending Officer considers that adequate exist for so doing but the
               said Tenderer must accept and agree that no Progress Payment will be
               issued to him such Contract is signed.


       25.01   Every notice to be given to a Tenderer may be posted to the Tenderer’s
               address given in the Tender and such posting shall be deemed good service
               of such notice.

       25.02   The word ‘Government’ and/or ‘employer’ shall mean Kementerian
               Pelajaran Malaysia.

       25.03   The words ‘Approved Tenderer’ shall mean that the Tenderer shall be
               approved by the Superintending Officer and shall have complied with these
               Conditions of Tendering in every respect.

       25.04   The word ‘Tenderer’ in these conditions shall be deemed to include two or
               more person. The word ‘his’ may also mean ‘her’ or their and the word ‘he’
               may also mean ‘she’ or ‘they’.

       25.05   Non-compliance with the above conditions in any respect shall render the
               Tender being rejected.

                           IN S T RU C TI ON TO T E ND ER E R S


       The Tenderer shall note that the Tender is based on Maximum Completion Period of
       Twenty Four (24) months and the Tenderer shall propose their completion period as
       requested in the Form of Tender.


       The Tenderer undertakes to mobilise and commence work on site fourteen (14) days
       after notification of acceptance of the Tender or handing over of possession of Site
       whichever is the later.


       All workmanship, materials and components throughout shall comply with the
       Specification in the Tender Documents and shall also comply with the latest editions
       of the Malaysian Standards and Code of Practice or if these are not available with the
       latest editions of the British Standards or Code of Practice.

       Other Standards or Code of Practice may also be proposed by the Tenderer
       provided that these Standard or Codes of Practice are equivalent or superior to the
       relevant Malaysian or British Standard or Code of Practice and that two (2) copies in
       English of each Standard or Code of Practice shall be provided by the Tenderer with
       the Tender.


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